Egypt's Top Judge Quits, as Fears Rise Over Morsi's Sway

By

Maria Abi-Habib and

Reem Abdellatif

April 21, 2013 8:09 p.m. ET

CAIRO—Egypt's Justice Minister resigned Sunday amid a battle with the country's ruling party, the Muslim Brotherhood, over measures that would force thousands of secular judges to resign, potentially defanging one of the few institutions checking the president's growing power.

Justice Minister Ahmed Mekky's resignation comes just days after violent street clashes in which secular activists battled Muslim Brotherhood supporters calling for the judiciary to be "cleansed." Mr. Mekky opposed a new bill that would force the resignation of a quarter of Egypt's 13,000 judges by lowering the retirement age. Critics say the Islamists are trying to force out secular judges and replace them with judges sympathetic to Brotherhood positions.

The judiciary's independence is crucial for Egypt's coming parliamentary elections, scheduled for later this year. Egypt's top court ruled last summer that the 2012 vote for the lower house of parliament—which Islamists swept—was unconstitutional and declared one third of the winners illegitimate, dissolving the body.

Mr. Mekky's resignation sharpens the split between President Mohammed Morsi and the secular opposition, which has accused the Brotherhood of trying to impose its will over the country's independent institutions. Mr. Morsi's office also said he would announce a cabinet shuffle soon, which critics say could lead to the imposition of new curbs on the judiciary and a grab for more power throughout the ministries.

Both the Brotherhood-dominated government and the opposition have called for the judiciary to be revamped. But Sunday's resignation plays into the liberal-leaning opposition's fears that the judiciary's independence is under attack.

"The judiciary will be cleansed, whether they like it or not, it will be cleansed," said Ibrahim Farag, a prominent member of the Muslim Brotherhood, which supports Mr. Morsi.

Mr. Mekky's resignation letter noted the Friday clashes and the calls for him to resign from both sides. The secular opposition sees him as too close to Mr. Morsi.

The Muslim Brotherhood's political branch praised Mr. Mekky for his role in promoting the judiciary's independence, in an apparent attempt to smooth over public differences as Mr. Morsi faces accusations he is becoming increasingly autocratic. Mr. Morsi has yet to accept the resignation, although observers say he will likely do so.

The judiciary has emerged as key battleground between the Muslim Brotherhood-dominated government and the secular opposition—one of the few institutions not dominated by Mr. Morsi's allies.

The body is coming under a two-pronged assault, as Egypt's upper house of parliament, filled with Mr. Morsi allies, will soon discuss amending laws regulating the judiciary in tandem with Mr. Morsi's vows to shake up the institution.

In a major blow to Mr. Morsi also on Sunday, a government legal agency backing the president lost an appeal to reverse a court-ordered delay for elections, originally scheduled for this month. The judiciary had ruled in March that an elections law pushed through by the Muslim Brotherhood and its allies was illegal. The secular opposition had decried the law, saying it was unfair to their candidates because of gerrymandering.

Elections will now take place later this year, giving the secular opposition more time to organize against the Muslim Brotherhood' strong network, boosting their chances at the polls.

But if Egypt's upper house succeeds in pushing through judicial reforms favored by Islamists coupled with Mr. Morsi's plans to shake-up his cabinet, it could pave the way for a more pliant political system for the president.

"The Muslim Brotherhood's judicial reform is not so much about reform any more but about creating a pliable system," said Michael Hanna, a senior fellow at The Century Foundation. "And it remains to be seen whether the cabinet shake-up will create a more inclusive system or entrench the Muslim Brotherhood's control."

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